Justice S., Chairman of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel. Muralidhar discussed UN panel reports on crimes committed by Israeli security forces against Palestinian children Resulting in at least 20,179 deaths and 44,143 children injured since the armed incursion by Hamas on October 7, 2023. In an interview with the former Chief Justice of the Orissa High Court and a senior lawyer currently practicing in the Supreme Court of India The HinduThe findings explain the systematic targeting of the most vulnerable Palestinian populations – women, children and the elderly.
One of the objectives of the Commission is to explore the root causes of recurring tensions, systematic discrimination and oppression. What is the reason behind this specific targeting of the most vulnerable sections of the population – women, children and the elderly?
This conflict in the modern era can be traced back to a 1947 UN resolution based on a two-state framework of the State of Israel and the State of Palestine. The Palestinians have always complained that they were not consulted on what the territory of any state should be. These burning issues were never resolved. We have faced the Nakba – the mass exodus of the Palestinian people from their land – and the Yom Kippur War. Every time, Israel tries to expand its territorial boundaries, this process continues even today. Israel’s view regarding the formation of its state is contrary to the UN resolution itself. Therefore, it attempts to present a determinism working on the basis that once they have captured these territories, they cannot be asked to leave.
The Commission’s geographical mandate extends to the Occupied Palestinian Territories (including Gaza and East Jerusalem) and Israel. When we look at human rights and humanitarian law violations, we see incidents happening in all these areas. Our reports must address the underlying root causes, which is a highly sensitive topic because, sometimes, those causes can be traced back to Biblical times.
The report also touches on Israel’s actions against Palestinian children, as well as past violations against Israeli children by the military wing of Hamas and other groups. Is the child no longer a protected entity and turned into a deliberate weapon of war?
A child up to 10 years of age is declared a terrorist. Once you change the label from “child” to “terrorist”, you take away all rights from that person. The child becomes “free play” or “target practice.” Israeli soldiers are able to shoot at sight only by claiming, “I am not shooting a child, but a terrorist”.
The commission has described Gaza as “the most dangerous place for children to live”. Given the scale of the destruction, at what point does the legal definition change from crimes against humanity to outright, calculated genocide?
Deliberate intent is one of the criteria used to establish genocide. It means intent to destroy a group of individuals. The Commission’s detailed report in September 2025 described continued attacks on Palestinians as a group to deprive them of land, resources and cultural roots and expel them from their habitats. This is a risk to their entire unit and continuity. In that process, targeting children becomes a tool to ensure the biological and social inequality of the Palestinian people as a group, because children constitute that continuity. It targets the origins itself to ensure that there are no more Palestinian children. This manifests in many ways – ensuring that children are not conceived in the first place, treating pregnant women as legitimate targets, and leaving mothers malnourished. There are no incubators available for newborns, due to which many babies die at birth or are born at very low birth weight, such as 900 grams. In addition, children are taken to displacement camps, 97% of schools have been destroyed, and minors are particularly targeted by quadcopters, snipers, and drones.
When you look at the entire pattern, it becomes completely clear that this genocidal plan involved the deliberate targeting of children. However, people should distinguish between the judicial body and the investigative body. For investigative purposes, the standard is “reasonable grounds to believe.” We conclude that there are reasonable grounds to believe that this targeted killing of children is part of a larger plan to commit genocide against the Palestinian people as a group.
The report offers chilling testimony, such as one from a doctor who said soldiers used children as target practice. In the event of complete non-cooperation from Israel, what verification standards should the Commission adopt to ensure that this evidence is legally valid?
We select only evidence that can be confirmed by independent sources. If a child testifies about what he endured in an Israeli prison, we do not trust that testimony alone. We look for forensic methods to establish the presence of that child, while ensuring that the process does not re-traumatize them. We also receive information from health workers, academics, journalists, lawyers, victims and families. We use photographs, videos, audio statements, medical reports and oral testimony from doctors. Apart from all this, we have footage of Israeli soldiers filming themselves and uploading it on social media. Notably, when Israel prepared an 18-page rebuttal to this report, they did not dispute any of this evidence.
The report clearly names Israeli military brigades and divisions active during these atrocities. Is this the basic framework for a future international war crimes prosecution process?
This should happen. We have found that accountability mechanisms are often not properly activated when these reports emerge. We decided to tell the world that we have evidence to show who can be held responsible. There are more than 12,000 American citizens serving in the Israeli Defense Forces, as well as more than 6,000 French, 5,000 Russian, 4,000 German, 3,000 Ukrainian, and approximately 2,000 British citizens. In total, citizens of 16 to 17 countries serve in the IDF. Many people return home after a single term.
If they are designated as being involved in war crimes, crimes against humanity or genocide, these countries – which are treaty parties – have an obligation to investigate them. If they want evidence, this Commission will be happy to share what it has. They can use our report as a starting point for further investigation. Even if the crime did not occur in their territory, they can exercise “universal jurisdiction” because the offender is within their territory. This often happens selectively due to political compulsions, but we hope there are no political compulsions when it comes to crimes against children. One offense cannot be substituted for another; This is not the way to do justice.
The report described the deployment of quadcopters, with soldiers equating the remote killing of children to “watching a video game”. How does international law address this psychological measure of separating technology-driven war from the reality of slaughter?
International law allows for interpretation. When a soldier notes that a quadcopter “does not hesitate, does not stop and almost never makes mistakes”, comparing its operation to a video game, they are well aware of what the consequences will be. It’s technical, but it’s still a weapon. The use of weapons to cause maximum damage is something that international law accommodates without the need for structural amendments. The only requirement is to demonstrate the extent of the damage, what a disproportionate impact technology has had on hostilities, and how children are paying the price with their lives.
When an infant in Gaza is structurally considered a future terrorist, is it a failure of individual discipline among soldiers, or a principle running from the top down directly from the Knesset?
The deputy speaker of the Knesset posted a message two days later on October 7, 2023, saying “Eliminate Gaza”. The fact that they can post this on social media shows the level of impunity they enjoy. They know that no one will censure or prosecute them for these crimes. It’s that confidence, that arrogance. Therefore, this is a testing time for our international legal system.
The Israeli High Court rejected the habeas corpus petitions, saying there was “no indication” of the children being detained, which contradicts your detailed evidence of torture. Has the Israeli judiciary completely compromised its independence to protect the army?
It is very unfortunate that the Israeli judiciary is unable to see the injustice of the entire case. Habeas corpus is a fundamental remedy for an abducted child, which allows parents to ask the court to produce them. If that basic remedy is not available, we cannot even have a judicial system. This is why we need an efficient, functioning international legal system. The basis of the International Criminal Court (ICC) is that a country is either unwilling or unable to provide justice to its people. Here, it is a combination of both, and this is exactly the kind of case that should be taken up by the ICC.
Israel has rejected the commission’s findings as institutional bias and anti-Semitism. What is your direct response to the allegation that this report is politically weaponized?
Although we would have liked to talk to Israeli soldiers and civilians themselves, Israel does not allow this to happen. The Commission issues a “public call for submissions” to solicit input globally at least six months before starting work on a report. We are an investigative body and are ready to consider any material Israel has. In fact, whenever a report is being prepared, I issue a note verbale to the Permanent Mission of Israel to the United Nations, and we send them advance copies of our draft report for feedback. We don’t get anything at all. We have no other agenda than to expose the truth and demand justice for all victims, whether Israeli or Palestinian. If Israel thinks we are wrong, join us, put the evidence in front of us and show us how we are wrong. We are completely free; We do not take instructions from any other UN body. Allegations of bias serve no purpose.
How have resource constraints within the UN affected the Commission?
There are severe limits on our resources. America has stopped contributing to the UN system, meaning 40% of the budget is gone. The UN is reducing staff numbers, cutting staff positions and not re-employing staff. Even the mandated work of this Commission and the Special Rapporteurs is being affected. We don’t have money to travel. When this Commission begins in 2021, the first three Commissioners can hold public hearings in neighboring countries such as Jordan, Turkey and Egypt, where Palestinian refugees can speak to us. Now, we are unable to travel due to lack of resources and have to rely on remote interviews and testimony. Although we can sometimes talk to children or doctors in person, it is not to the extent that we would like.
Realistically, do your recommendations have any real substance, or will they be ignored by Western member states?
I am hoping that they will not be ignored. We presented our report to the Security Council, presented our findings to the European Union, and held separate talks with the Organization of Islamic Cooperation and individual ambassadors. The response has been overwhelming and supportive. Many countries are deeply aware that public opinion at the grassroots level has changed. We saw this in three waves with flotilla workers. Despite facing resistance and torture, activism did not stop; The public momentum continued. Such reports help mobilize a critical mass of public opinion that ultimately forces governments to change their attitudes.
